Blevins v. Texas Department of Transportation
Roy Franklin BLEVINS and Bonnie Blevins, as Next Friends for Michelle and Michael Blevins, Minors, Petitioners, v. TEXAS DEPARTMENT OF TRANSPORTATION, Respondent
Opinion
PER CURIAM.
A propane truck driven by Ernest Blevins struck a bridge abutment and guardrail and overturned, killing Blevins. Several employees of respondent, the Texas Department of Transportation (TxDOT), investigated the accident. Petitioners Roy Franklin Blevins and Bonnie Blevins, as next friends for Michelle and Michael Blevins, sued TxDOT for wrongful death, asserting that the bridge and guardrail were not properly constructed. The trial court denied TxDOT’s plea to the jurisdiction, which was based on its failure to receive notice of petitioners’ claim under section 101.101 of the Tort Claims Act.
1
The court of appeals reversed and rendered judgment dismissing petitioners’ action.
2
The court of appeals correctly concluded that TxDOT’s knowledge of the accident and the presence of its employees at the scene did not provide TxDOT actual notice of petitioners’ claim within the meaning of section 101.101(c). We have held today in Texas Department of Criminal Justice v. Simons that— actual notice under section 101.101(c) requires that a governmental unit have knowledge of the information it is entitled to be given under section 101.101(a) and a subjective awareness that its fault produced or contributed to the claimed injury.
3
However, petitioners argue that there is other evidence of actual notice. We cannot determine from the record presented whether TxDOT established its lack of actual notice under Simons.
Accordingly, we grant the petition for review so that the parties may address this issue further in the trial court. For the reasons explained in Simons, the appeal is dismissed.
4
1
. Tex. Civ. Prac. & Rem.Code § 101.101.
2
. 101 S.W.3d 170, 174 (Tex.App.-Fort Worth 2003).
3
. 140 S.W.3d 338, 348 , 2004 WL 1533264 (Tex.2004).
4
.Id.
140 S.W.3d at 349 , 2004 WL 1533264 .
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(issued the same day as Simons and noting the lower court correctly concluded notice was lacking on the record before the court, but granting the petition and remanding to allow the parties to develop the record in light of Simons)
Cited by 9 cases
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- Robert Ortegren and Eva Marie Hennicke, Individually and as Next Friends of Ariana N. Ortegren, a Minor Child, and on Behalf of the Statutory Beneficiaries of Robert T. Ortegren v. the City of Denton
- Robert Ortegren and Eva Marie Hennicke, Individually and as Next Friends of Ariana N. Ortegren, a Minor Child, and on Behalf of the Statutory Beneficiaries of Robert T. Ortegren v. the City of Denton
- University of Texas Southwestern Medical Center v. Loutzenhiser
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